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Board denies retired member Philip Pentaine’s appeal over tier correction
Summary
The Mendocino County Board of Retirement voted unanimously April 15 to deny an appeal from retired member Philip Pentaine challenging a correction to his tier classification; the board said it would notify parties in writing within 10 days.
The Mendocino County Board of Retirement on April 15 denied an appeal from retired member Philip Pentaine seeking to overturn a correction notice that changed his retirement tier.
At the meeting, attorney James D. Martini argued the case for Pentaine, saying the issue boiled down to fairness and reliance: Pentaine “planned his life around” representations of his tier status and the board should not strip vested expectations without identifying who made any alleged error. Martini urged the board to allow discovery or testimony to show who may have made a mistake and to give his client the chance to question that person under oath.
MSERA counsel (identified in the hearing as Mr. Westerfield) told trustees the matter appeared to stem from a payroll/tiering error at the county and apologized for earlier incorrect statements. Westerfield said the record showed Pentaine paid lower (tier‑1) contribution rates for many years, producing roughly $2,500 in overpaid contributions but resulting in approximately $29,000 in overpaid benefit payments after retirement. He said state law allows retirement systems to correct mistaken classifications and that equitable estoppel cannot override statutory or constitutional limits in this context.
After the parties’ 10‑minute oral arguments and trustee questions, the board met in closed session and returned to open session to announce its decision. A motion to deny the appeal passed on a unanimous roll‑call vote. The board directed MSERA to notify the parties in writing of the board’s decision within 10 days.
Why it matters: The decision affects the retiree’s benefit calculation and underscores the board’s authority—and the legal constraints that govern—correcting benefit calculations that staff or payroll systems later identify as mistaken. The board’s written notice will state next steps and any adjustment timing.
What’s next: The board’s staff indicated the parties will receive written notice within 10 days; attorneys for the retiree and MSERA may pursue further administrative or judicial remedies consistent with the board’s rules and applicable law.
